Aubry is seeking a restraining order against Martinez. Berry filed a protective order against Aubry last week.

Aubry, who has a daughter with the Academy Award-winning actress, was
arrested on suspicion of misdemeanor battery after police responded to a
call that he had gotten into a fistfight with Martinez.

Aubry alleges in court papers that the hostilities between him and
Martinez escalated when he attended a Thanksgiving lunch at his daughter
Nahla’s preschool.

During the lunch, an “angry and agitated” Martinez approached him and
threatened to beat him, telling him, “You’re lucky we’re in
school right now,” the declaration alleges. Berry, accompanied by
Martinez, took Nahla outside and ordered Aubry not to follow them.
Eventually Berry and Martinez returned with Nahla and then left.

The next day, Aubry said, he brought his daughter to Berry’s home.
When he pulled up to the front door of the actresses’ residence,
Martinez was waiting outside. After Berry’s housekeeper retrieved the
girl, Aubry alleges, Martinez asked to talk to him, then attacked him.

“He continued to punch me at least two or three times, kicked me in
the ribs … and took my head in his hands and slammed it to the concrete
driveway,” Aubry said. “It all happened so fast so suddenly; I did not
see Mr. Martinez’s actions coming, and thus, I was not ready for it and
was not able to defend myself.”

Photo: Gene Aubry was arrested after a Thanksgiving confrontation at Halle Berry's house with the actress’ fiance, Olivier Martinez. Aubry claims Martinez threatened to kill him during a confrontation that left him with a broken rib and bruised face. Credit: Los Angeles County Superior Court